Ex Parte YANG et al - Page 3




          Appeal No. 2002-0974                                                        
          Application 09/332,745                                                      

                                   THE REFERENCES                                     
               The references of record which are being relied on by the              
          examiner as evidence of obviousness are:                                    
          Miyashita et al.           5,271,796           December 21, 1993            
          Nakagawa et al.            5,445,491           August 29, 1995              
          Loncki et al.              5,860,848           January 19, 1999             
          Park et al.                5,944,889           August 31, 1999              
          Japanese Patent Application No. 8-24796, Asayama et al., January            
          17, 19962                                                                   
          Japanese Published Application No. 2-243594, Inoue et al.,                  
          September 27, 19903                                                         
                                   THE REJECTIONS                                     
               In his answer, the examiner has withdrawn his rejection of             
          claim 6 as failing to comply with 35 U.S.C. § 112, first                    
          paragraph.                                                                  
               Claims 1 through 8 stand rejected under 35 U.S.C. § 103 as             
          being unpatentable because the subject matter therein claimed               
          would have been obvious from the combined disclosures of Asayama            
          et al. considered with Inoue et al. and Nakagawa et al. Claims 9            
          through 38 stand rejected as being unpatentable under 35 § 103              

          2 Appellants filed two English translations of this                         
          reference, one of which was prepared by Derwent Information, Ltd.           
          The examiner has relied on the "non-Derwent" translation and,               
          accordingly, we shall also rely on the "non-Derwent" translation.           
          The translations are, substantially, the same.                              
          3 All reference to Inoue et al. is a reference to the                       
          English translation obtained by the U.S. Patent and Trademark               
          Office (PTO).                                                               
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